they haven't had a jury where you don't back down from a challenge. system in pretoria since the this is the age of knowing how to make things happen. era between world war i and sowhy let erectile dysfunction world war ii, nevertheless this was an extremely get in your way? thorough proceeding, talk to your doctor about viagra. presided over by a very fair and very diligent judge. 20 million men already have. ask your doctor if your heart is healthy enough for sex. bill: so when this case goes do not take viagra if you take nitrates for chest pain; to trial, judge, and there it may cause an unsafe drop in blood pressure. appears to be no argument on that at the moment, is that side effects include headache, flushing, before one judge? upset stomach, and abnormal vision. is that a panel of judges? to avoid long-term injury, seek immediate medical help how will that work? for an erection lasting more than four hours. >> i believe that it is just stop taking viagra and call your doctor right away before one judge. i know for sure there is no if you experience a sudden decrease or loss jury system. this is the only major in vision or hearing. this is the age of taking action. country in the western world viagra. that does not permit juries talk to your doctor. for criminal cases. so there may be other judges who can whisper into his ear and provide him with >> steve: fox news alert. the judge in oscar pistorius' bail hearing is back from a guidance and do research for quick break and still has not him but the ultimate ruled on whether or not to give decision will be made by one person. that changes the way the oscar bail. evidence will be presented. the judge saying the state plans to charge pistorius with bill: how so? >> the idea that because the possession of unlicensed ammo,

but said he was not yet constable has erred, the convinced that the case was made prisoner should go free, for premeditated murder. resonates a lot better with a jury, a la o.j., than it earlier pistorius could be heard openly crying as the judge does with a professional recounted the crime. the judge has been speaking for jurist who understands that going on nearly two hours. police are imperfect like the rest of us. brian. bill: you wonder how that >> brian: the lead detective on plays out then? the case is being replaced. turns out he's facing attempted and clearly different from murder charges. he and several other officers our own system. >> yes. look, the state has some shot at a mini bus in 2011. serious problems are that he's gone. that made the case more detective botha was the only confusing. it was fascinating to see the person to have examined judge actually argue with evidence initially. himself for over an hour. so they can not escape from maybe i should. maybe i shouldn't. him. he is going to have to here why i should and here is testify one way or another. bill: does that hurt why i shouldn't. pistorius? >> gretchen: sounds like he's does that help him? going to give him bail because >> i think it helps he's talking about the fact that pistorius because it forces the government, bill, to put it's circumstantial evidence. somebody on the witness so the only person who know social security oscar himself. stand who himself a find out what happened. potential criminal, charged >> steve: we'll have complete with a very, very serious coverage on it tomorrow on "fox crime. & friends" weekend. bill: if he were not have a great week. involved in this initially, >> gretchen: happy friday. does that impact the judge's decision today? >> on bail? happening right >> no, no. bill: so all the judge said

this guy is too well-known. anywhere he goes or travels in the world people will recognize him and his ability to hide is greatly whether the man known as impaired? >> precisely. "the blade runner" is free in american court the bail on bail while he awaits hearing would have trial of his of the shooting concentrated just on that and would have taken about an hour. i'm not critical of the death of his girlfriend. system. on the contrary i am very the eyes of the word are on impressed. bill: he was very thorough. the eyes of magistrate. >> extremely thorough. >> i'm martha maccallum more than we would have been. i did this we would hold ten or 15 bail hearings in a day. that obviously gives you far less than an hour. this extraordinary what he we've been listening to a went through. readout from this magistrate, think about this. his critique of the defense desmond nair. and critique of the much more detailed than we government gives them each a guideline where their cases have for a bail hearing. are weak and what they need sounds like the trial is already underway. to do so shore them up in let's listen in to some of this. time for trial. bill: wow! so you think about the evidence that >> the improbabilities as we've heard about already. highlighted by the it is my imwe're just investigating officer but scratching the surface on more underlined by the this if the forensics are not all in. if the autopsy is not fully senior counsel representing completed and filed, we have the state, there are some

aspects of the version of yet to even get a glimpse of the accused that are quite what that evidence could be. >> i think you're right, bill and again, in fairness pronounced. to the state, it would be i have difficulty in impossible just because of appreciating why the accused the time it takes to do these things, for the did not ascertain the forensics to be in. whereabouts of his girlfriend when he got out of bed. i have difficulty also certain tests of bodily coming to the terms with the tissues require the passable fact that the accused did of many days before you can not seek to verify who exactly was in the toilet be assured of the likeliness when he could have asked. i also have difficulty of the accuracy of the test. appreciating why the if the forensics back up the deceased would not have screamed back from the basic storyline that the toilet. government told, there is i have difficulty also clearly enough evidence here to the convict him of some understanding why the deceased and the accused degree of murder. now the government may back would not of like mind in up first-degree murder and make this second degree those circumstances escape you there the bedroom door, murder, which is the same as then venture into the first without planning and toilet? plotting. bill: so the premeditation would be removed at that i have a problem also as to point? >> yes. why the accused would they might have some difficulty proving that but i think the concept there further venture into danger was an intruder in his knowing full well that the bathroom using the intruder was in the toilet, facilities and sitting on the toilet at the time, that leaving himself open to be a reasonable person would

attacked even before he shot, have thought that is not because he heard a noise, something the defense is going to present. left that area. bill: how ironic that the went to fetch the fire arm, premeditation hinges i do believe, whether or not he return and, to my mind what applied his prosthetic legs in the mitt middle of the if intruder came out was night. >> yes. bill: his life long handicap waiting for him and upon sight of him shot him? could determine whether or not he is tried on i have difficulty in premeditated murder or appreciating why the accused eventually found guilty or would not seek to ascertain innocent of that. >> yes. who exactly was in the it is ironic and fascinating toilet. i have some difficulty with that that's the case. the defense version at this remember the government still must prove guilt early stage for the part of, beyond a reasonable doubt. that i plays a the presiding so pistorius is not obliged officer in the bail to come forward with a application, that the accused chose to sleep on defense. he can remain silent or he that side of the bed on that can just do his best through particular night and yet indicating that the deceased his lawyers to poke holes in the government's case, just had slept there the night like in the o.j. case, just like in any standard criminal proceeding in the u.s. the government still before. has the burden of proving for those reasons and many proving the case beyond a others i am not a trial reasonable doubt. in my opinion they have court. enough evidence here with there are improbabilities which to do it but they have which need to be explored been told where their and possibly will only be weaknesses are. now they have as greg palkot ventilated if the accused just told us about a year to gave evidence under oath. prepare. martha: hey, judge, it is

martha. just getting back to what we and for that reason i'm do know. saying that the defense has as bill and you were saying there is so much we don't failed to show this court know in terms of forensics that there's a weakness in but i don't think, the bay i the strength of the state cans of this case the woman case to the point that it was dressed in street can constitute a -- clothing. locked herself in the toilet, circumstance to their small room of a bathroom, benefit. and she was shot through the but equally, against the door and everyone accepts the fact that he was the one backdrop of the who did the shooting but he circumstantial evidence of claims he thought it was an the state case to some intruder. we just listened to this judge sort of lay out why the story is so implausible. extent the evidence of the, i think once again a lot of the weak evidence on some people listen to this whole areas of his testimony by story and say, you know, boy, the facts certainly seem to warrant officer hilton botha, be stacking up against oscar and having regard to the pistorius. above, i find that while it you know, but i think there would have been necessary is a hesitation because for the applicant to show you've seen these things the weakness of the state happen before. we've been through the o.j. case as an exceptional experience. what's your take on how all circumstance, likewise the of this goes and how does it state not through its own impact that it's one judge? when you talk about guilty doing, can not equally show beyond a reasonable doubt, you're not trying to sway that the state case is so two people on that jury. >> my, that is a great

question, martha. my take is that he is in a strong, and watertight that the applicant must come to lot of hot water and the case against him is a strong one and the types of things the conclusion that he needs that sway juries to vote not to flee or evade this trial. guilty are not likely to be present in this case. with regard to the personal a professional jurist is less likely to discredit the state's case because one of circumstances and the issue its witnesses has lied or has a criminal past on his own, than a jury would. more especially, section stated differently, if o.j. had been tried before a 64-b, along with section 66 single professional jurist, and that turns on the issue a judge, a full-time judge, whether the accused would rather than a jury of his pierce, inconceivable in choose to flee not because of the strength of the state america, if it had happened case but because he's not i think he would have been tied in south africa. convicted. i think the case against pistorius is a very strong one and the types of evidence and interplay and what are the emotional dynamics in the courtroom family community and ox that often results in a pagesal ties of the -- person who actually occupational of the accused committed a crime being to the place he is tied. found not guilty are less mr. pistorius is

likely to occur in this south african citizen. arena where the sole determiner of the facts is a id. a professional athletic. professional judge himself. bill: many people argue over time whether that is the resides at 6286 silver wood best system or the jury system is the way to go, the estates. way we have in our country. he resided in the republic of south africa all his life >> that is value judgment. and he frequently travels i come down on the side of the jury system and as do abroad to participate in international sporting most people listening to us. events. he regards south africa as bill: well aware. reuters says the case has been postponed to the fourth his permanent place of of june. that is 3 1/2 months from abode. he has not plans to relocate now. also the judge just raised to anybody. he admits he has friends and the bail amount to a million family in south africa although he has friends rand. abroad. heens immoveable property in it was 250,000. that is four times the south africa. previous value. what are the assets he has. heens i am moveable property 128,000 --, $110,000. which consists of property. >> by our standards --. bill: which is small for the immoveable property he currently resides at silver amount of net worth that pistorius has. wood estates. this property is valued at martha: absolutely. approximately five million bill: remarkably low. >> the bail is supposed to encumbered by mortgage bond in the amount of 2 million. reflect what would likely cause the person to have second thoughts before they there are two further flee. so bail for a wealthy person immoveable properties with charged with murder is weeping willow estates, normally a lot greater than bail for an unwell think

pretoria east, which properties have a combined person. to me, $100,000, value of approximately 1.6 million. they are bonded to the value first-degree murder with a very serious case against of one million. he has a vacant land in the defendant is very, very low. i think he is taking into which has approximately 1.7 account the fact that he is million which is not bonded. an internationally known figure with a serious he holds mobile assets, handicap, both of which would make it nearly housing furniture. impossible for him to flee jewelry which are valued in and to stay outside the country. excess half a million. martha: judge, thank you. he has cash assets of one >> pleasure, guys. million at various banks within the country. anytime. he has what would be, what martha: we'll talk to you later. let's go back and listen to are the means and travel the magistrate here when he documents held by the made the decision to grant accused which may enable him oscar pistorius bail. to leave the country. he has two south african >> accused has in this passports. the one is full. instance offered a version he needs the passport to under oath at a very early compete overseas. stage and i do not attach compete overseas but is willing to surrender the any weight to the passports to the investigator's, investigating officer should investigating officer's be a condition of bail. he is not in possession of concessions with regard to the defense version but the any other travel documents. fact remains ordinarily one and undertakes not to apply gets flimsy affidavits for such documentation merely saying i denye the pending the finalization of allegations. these proceedings. i will not flee but in this instance, the accused has

reached out to try to meet the state case. of course against the his professional occupation background of those currently provides him with improbabilities that i have a income of approximately 5.7 million per annum. seen and mentioned. now we have debated the issue including the that fact, that reaching out discussion on the argument in the affidavit in the way that at the did placing it and i as a court would have before the court, together with the fact that none of the factors that need to be an inquisitoral power established have an about inquired from the established, i come to the investigating officer required it probable that a person of international stature would not only risk conclusion that the accused losing his career but seek to be a fugitive in any part of the world. has made a case to be more especially as we released on bail. discussed today being a person who has to use pros martha: you can hear the theet sis. cheers in that room. we know that oscar pistorius and whales applicant now has broke down in cheers argued but why in the same according to our reporter vein would the accused get greg palkot. he was just a few feet away involved in a fight at from him at that tense melrose arch or discharge a moment in these proceedings as it continues to play out. fire arm under the table. and as bill pointed out,

i think what we're seeking june 4th when we expect this to establish the ends to which one would go to save to pick up again in court. also a strange move, to himself and advocate nelson increase the bail. he announced it once. within moments increased by four times, somewhere in the i don't think that false so neighborhood of 110 u.s. much for consideration. the issue before me is dollars. whether this accused, being not a very high number considering what we're who he is and would be with talking about here. bill: not like he came out and doubled it. the assets he has in the he upped four times. country, would possibly seek to duck and dive all over dr. lewellen kurlise he is the world when, even by the with legal counsel in state's own concession, he pretoria, south africa. can you explain to us in may at worst-case scenario very simple terms why the face culpable homicide. judge felt bail was okay for i even pointed out in as pistorius? much as the minimum sentence legislation may be applicable there are >> well, all in all, it was provision for exceptional circumstances or substantial down to the base being and compelling circumstance principle of bail in our which would cause the trial judge to deviate if country and at that is to determine whether the necessary. accused will ultimately so it may not necessarily be stand trial. the case that he is now when the matter is postponed for trial purposes committed to face 15 years ultimately. all in all the magistrate imprisonment or life came to the conclusion he is

imprisonment. not a flight risk. that he will ultimately stand trial. i can not find that the that is basically why the magistrate at the end of the accused, i can not find it day decided to grant bail. bill: i see. >> all in all it was has within established, that the accused is a flight risk well-argued and well-balanced, reasonable or that that ground has been established that seeks that good judgment which is not is needed to be established. necessarily susceptible to turning to the issue of appeal at this stage. whether the found in section bill: what is pistorius to do now between now and the 64-a ah section 65 fourth of june? has been established where there is likelihood that the what happens on the legal side or maybe for his accused if released on bail defense team or more importantly for the state to will endanger the safety of prove its case over the next the public or any person or 3 1/2 months? commit a schedule 1 offense, >> yeah. i have regard to what has what will happen is oscar been placed before me. will probably take off a day or two and spend some time indeed so they are separate with his family just to incidents and i -- recuperate and have a decent [inaudible] bath and so forth and so on. and caused the investigating and then, then the officer to explain the proceedings and the trial circumstances of the charge that was withdrawn against preparation will start. the accused by a complainant obviously is a lot of work to be done by both sides. the prosecution will look called sam. now the accused has shown and scrutinize the defense tendencies of aggression i placed by oscar before court think it is quite clear but by means of his affidavit.

it is not in dispute he used they will seek evidence to foul language threatening to contradict that ultimately. conduct himself in violent from the defense side, in manner. it is not in dispute he terms of our prosecution, they will be entitled to threatened to break discovery of all evidence somebody's legs. forthcoming by the state. it is not in dispute the they will request further particulars through those accused caused his friend to charges and they will try to manipulate a definitely start preparation and preparing the witnesses complainant into not taking for the trial that will the matter further. likely to be following in but i think one should about six to eight months from now. bill: that will be differentiate between individuals who have outstanding cases against summertime here in the u.s. now based on what you have them, individuals against heard about the evidence, whom they are reported matters, individuals who and based on what has yet to have previous convictions be made public, what is the and individuals who, i have state's strongest case to prove murder, or perhaps had, individuals with regard premeditated murder against to whom the state has placed him? evidence under oath before >> yeah. me that has a propensity to you must remember in our country we don't necessarily have a separate offense commit violence. called premeditated murder. now in this particular we have murder but we don't instance officer hilton have, or we've got culpable homicide. which is more or less botha initially responded i have not objected to bail manslaughter in the u.k. and because the accused a flight elsewhere in the world.

risk. he will not stand trial. on the assumption that the it is a serious charge. state can prove intent, they i've gone into the seriousness and the extent can have a conviction on of the case and the weakness murder. if not, and on the thereof. assumption they can prove i do not think that warrant the slight of the, minutest, we call it the 1% rule on officer both that, spent as negligence they can secure a conviction on culpable much much as he had if he homicide. ultimately on both sides wanted to show the accused has propensity to commit there are loopholes. obviously that was made violence. certain in no uncertain if need to do that, there is terms by the magistrate ample room and ample time during his judgment you but for you to do that by looking at the background of make no mistake it is not as accused. one could be ingenius and if this is the end of the even try to get any kind of road. oscar also has some work to medical report that can show do in order to make sure that the accused is not of that these defense ultimately the scrutiny by stable mind. that was not done. i do not have the dates of the prosecution during the incidents. cross-examination at trial. i have a verbal threats and bill: very direct question here. another verbal threat. a discharge of a firearm passed under the table. if he you can prove i is that enough so show that applied his profit at the time tick legs before the he has a propensity to shots were fired, or if the commit violence? defense can prove otherwise, i appreciate that a person is did but i do not think why and how is that that is enough. significant? is that truly the lynchpin more especially when a of this case? investigating officer merely up to on these three

>> you must understand at incidents. that ground has not been this stage there are there established. and, in coming to my conclusion i have regard to are many issues in dispute. the supreme court of appeal more or less there are four elements of the crime the decision of state versus state must prove. rudolph, 2010, 1 sa-262. obviously there was an action which is admitted by the defense. that there was unlawfulness weighing that particular and that one is obviously matter the accused's past not admitted at this stage. what we call mens rea, which behavior included among has to do with the guilt of others the fact that he had the accused which is also in dispute. all the other issues are an -- against him relating to domestic violence and already admitted by the that he was out on bail on defense. so ultimately we will have charges of rape and to look at the parameters attempted murder. set by a defense like now that is the type of self-defense, and obviously predisposition to violence that would find the taking into consideration establishment of the ground the prestigious and what that would vitiate against happens surrounding the the accused getting bail. shooting itself, that might have an implication on the now, the honorable judge in credibility of the witness and ultimately on oscar's the matter of state versus own credibility. remember the matter will in devi, 2012, 2 sac, 492, my time stand forth with his own evidence during the trial. because he will surely have to come to testify underoath to substantiate his private

indicated that and i quote, defense which he raised. an applicant in a bail bill: doctor, thank you, application is given a broad really appreciate your inside there from pretoria, scope to establish the south africa. what an hour it's been. requisite circumstances we expected the ruling at whether they relate to the 8:00 a.m. eastern time. nature of the crime, but which is two hours ago. circumstances of applicant we got it 35 minutes ago. to the accused or anything that whole country, they are else that is particularly locked into this case cogent. because there are very few that he was seized with a people more famous than he matter which required the is. martha: what he just said, he will have to testify on his own behalf. accused to show exceptional it will be his word against circumstances exist to this magistrate's word which will be very interesting. justify his release. judge lacocd referred to the matter and others to which i a south african chief magistrate has ruled that have referred and he also oscar pistorius will be referred to rudolph, 20101 granted bail. whoops and hollers from his side of the courtroom just sac, 2-r, supreme court of moments ago. the olympic star that the world came to know as "the appeal where it was found blade runner", his story that personal circumstances to an kpaexal degree may captivated his own country and the world during the lead to finding of release olympics. on bail is justified. he now prepares for a murder he goes on in the judgment trial, in the shooting death to say, in the contents, in of his girlfriend, reeva the context of section steenkamp. brand new hour starting 6011-a the extensionnalty of right now of america as the circumstances must be newsroom. i'm martha maccallum.

bill: i'm bill hemmer. such as to per swayed a good morning again. in a moment we'll take you court it would be in the back inside that courtroom interest of justice to order but we want you to hear what the release of the person of the accused. the man straight had ruled. a certain measure of the flexibility in the judicial approach to the question is with regard it bail, this came down about 40 minutes required and he referred to ago. there is no video camera mohammed, 1992, 2 sa cr-5 inside the courtroom today. the judge ruled that is out as of today. but the audio and the 07-c. microphone is clear. he goes on to add. listen. it would be foot tile to >> there are probabilities attempt to provide a list of possibilities that would which need to be explored constitute such exceptional and possibly will only be circumstances. to incarcerate an innocent ventilated if the accused person to an offense he did gave evidence under oath. not commit could also be viewed as exceptional. excuse me. and for that reason i'm saying that the defense has failed to show this court that there's a weakness in the strength of the state case to the point that it can constitute a circumstance to their benefit. bill: we are listening to but equally, against the the magistrate who is about backdrop of the cirucumstanceal evidence of to decide whether or not

oscar pistorius meets bail the state case to some and goes home or goes back to jail. extent the evidence of the, the weak evidence on some >> who after all must be areas of his testimony by regarded as innocent until proven guilty and the judge warrant officer hilton botha, referred to journal. and having regard to the 1998, 2 sacr, 277, se, the above, i find that while it would have been necessary real case he added argued for the applicant and before me on behalf of state, weakness of state state case, the respondents states a strong case against the likewise the state, not apple lantz and could not through its own doing, can stand trial if released on not equally show that the bail because of imprisonment. state case is so, so strong, the to argue that the appellants are flight risks. that the applicant must come to the conclusion that he needs to flee or evade his trial. bill: so that was the judge as we all sat here. to ignore the factors of an truly gripping for about an applicant under section 1611, hour and 25 minutes before he goes on to add, in his he finally rendered his decision on bail. view would have the effect of denying an applicant a there are details that continue to trickle in. reasonable opportunity to

he met bail. edues evidence to satisfy it was raised to $112,000 the court of the existence of exceptional circumstances, u.s. the trial will resume but most importantly it would be difficult, if not on the fourth of june at the impossible to establish such moment. he surrenders his passport. extensional circumstances. he surrendered all his firearms. he is not allowed to go back to the his home where the death of steenkamp took place. he is not allowed to drink any alcohol. that order coming down from the judge just a moment ago. there will be likely a few more coming out of pretoria later this hour. martha: we want to go to -- exceptional greg palkot who was a few feet away from oscar circumstances. pistorius from these proceedings. very dramatic from pretoria, south africa, we heard a little bit of sound from one of the defense representatives, greg. clearly they are counting very heavily on the missteps of the original detective in this case. >> reporter: absolutely, martha: we believe we're martha. yeah, the judge noted those moments away right now from hearing the decision on whether or not oscar missteps. there were many of them.

pistorius will receive bail. many describe the state case as bunk he will abouted. but at the same time, the this is being laid out in judge did not seem to like great detail. let's listen back in. too much various aspects of the defense case. >> if appellant's favor i have problems with this. i have problems with this. deciding he discharged onus i have problems with this. at least six or seven or of proving exceptional eight different points. circumstances with the evidence of the investigator officer that appellant one in fact the judge came down was not regard the as flight hard on both sides. risk. was not likely to interfere with state witnesses or defer the investigation of the case and to further concession there was no reason to regard the release of appellant one on bail as likely to constitute a threat to the public. so what the investigating officer in that particular a global celebrity for his matter did was merely olympics now on the dock. confirm that the ground that he had his head down wa*s need to be established before bail may be refused throughout the entire in the interests of justice proceedings, and he cried, and he cried, and he cried. first when the details of that existed. and i turn to look at the facts of this particular night were told by the judge, matter, a as, mr. pistorius, and then when the judge read out evidence from witnesses, and from friends describing misery

being able to through his lacing ship with reeva steenkamp. then he tried again when the own evidence and that of his judge came harder and harder witnesses affidavit down on the case, and on the statements, and that of the presentation. but at the end of the day it was evidence of the state that the grounds that need to be emotional, an up just not for him but for the family. established in the interests his family behind him, his of justice before he is father, brother, sker showing released from bail have support immediately when the indeed been established. word came out that bail would be i want to just turn quickly before i deal with that on granted screamed, there were the score of public shouts from the family, khaoefrpltcheered. establishment of evidence to establish the grounds in section 64-a, to e. the father held over and held the shoulder o of oscar if this case, this particular matter evoked public outrage in any way, pistorius. i had a chance to speak to a few my view is that the state in of them very briefly. they didn't want to talk to the opposing bail or to have media too much. but they did say they were placed before me exactly gratified, they were pleased by this decision. where this outrage lay. again, as you folks have been mentioning, this bail comes with i have some difficulty also a lot of strings attached, a lot of restrictions on this: the with the fact that even though they may have been individuals in the court and

outside the court who took umbrage at the violent nature of the deceased's death, before i can find it judge said the bungling of the established as a ground that case is not the the state case. there will be a shock and it still has to be proved and go outrain in this particular matter if i release the to trial, which now as you noted accused on bail, i can not certainly do so on my own is officially set june 6th. i'm told by legal insiders that and in isolation. i would need to be, i would could be put off months or months if the defense team or need to have evidence before prosecutors decide to extend me in that regard. it. martha: it's breaking up a and if that is the ground on little bit. i think we've got you, greg. which, or the ground that set the scene for us in there. the state wishes to show has the pictures we've seen from inside the courtroom are of been established, which prevent the accused release oscar pistorius standing in front of a bank of cameras. on bail, then there are was he seated during then tire factors that will convince thing, was he sitting with his me to do that. whether the shock or outrage lawyers as we see in u.s. of the community might lead courts? any family members or to public disorder if the representatives of reeva accused is released is one steenkamp in that courtroom of them. whether the central peace and security among members today?

of the public will be >> reporter: first to oscar pistorius. undermined or jeopardized by how it works is actually it was the release of the accused. quite crowded with media. now, i must highlight that there were banks of cameras that you were showing. they are allowed to get oscar while bail is inquisitoral pistorius east comes into the court and then the media, the and while bail, the standard cameras anyway are hustled out in bail is not that in terms of the courtroom. and then he sits. again, as i say he sat of bee lot applicability of throughout the proceedings with the law of evidence, that his eyes down cast, with his notwithstanding i can not flagrantly disregard the head almost down to his knees fact that there needs to be a proper basis laid before and he's all along. the establishment of grounds it's a long dock, a long bench in the criminal procedure and he is isolated and feeling very isolated throughout the act. proceedings. as for reeva steenkamp not to my i do also wish to indicate knowledge, martha were there representatives of the woman. i can't say that for an absolute that it is indeed an area of fact. we have been talking to friends of hers an and a couple of days concern that where the state is in possession of they've come out to offer information, albeit in a support on the sidelines. we are seeing here the intense magazine, that the accused, coverage of the details of this for instance, has property in italy, that the state

trial -- not trial, bail hearing. reeva steenkamp is the missing machinery sound and solid as piece, the forgotten person in it is, did not contact, for these proceedings, and i think instance, interpole or any some family members would like other international police agency to help determine to underscore the fact there was whether the accused indeed a tragedy here, there was a has property listed in his victim, and that should be under name in italy and whether or scored. not he is allowed to use but, again, reeva steenkamp for same and had that been done the moment at least in the then the accused, as a background, the focus is on matter of cause not mentioned it in his oscar pistorius, what he does affidavit and that would now and where the case goes from here, martha. have certainly count against martha: that is fascinating. him. you look at this beautiful woman having regard to the fact that the accused is not a and you imagine sort of all of the feelings that her supporters flight risk, neither because are going through right now, and he, not is not a flight it does remind me of the oj risk. and that he accused does not show a propensity to commit situation where you just had this out pouring of interest in violence, the accused, there this athlete. would you equate that in terms is no evidence before me so people can understand how big will interfere with state is in south africa, how witnesses, and there isn't significant he is to their sense of national pride, which they proper evidence before me have worked so hard to build relating to the public up. perception of the matter, >> reporter: if i'm interrupting and having regard to the excuse me, i just lost my contact with you. totality of the evidence if i heard you right you're

before me against the factors that need to be asking for parallels between established before the this case and the oj simpson accused may be denied bile, trial and we have in fact heard i find that the very that time and time again. here is oscar pistorius, an non-establishment of those athlete, national icon, idolized factors set out in section by many and then the beautiful 64-a to b, together with the reeva steenkamp, the slain victim. there is a lot more parallels fact that the accused here, the missed steps, the offered in this instance a version under oath at very early stage and i do not missed request's by the state in attach any weight to the their investigation by the investigating officer's confessions with regard to state. the defense version but the and a very aggressive defense fact remains, ordinarily one team, i want to stress that very gets flimsy affidavits aggressive. they occupy a central desk merely saying i deny the there, five, six members were allegations. there at any point of the day, i will not flee. but in those instance the seeming to out number the cos accuse has reached out to try to meet the state case. of course against the background of those prosecution. he's got a lot on his side going improbabilities that i have forward. as we heard from the judge there seen and mentioned. are a lot of problems with the story that they are putting out, and that certainly should get played out in the evidence that that fact, that reaching out its unveiled over the next in the affidavit in the way several months leading up to the that he did, placing it trial. and i'm sorry, martha, i'm not before the court, together

hearing you. with the fact -- i'm going to have to drop off for a moment here. martha: thank you so much, greg, we'll speak with you soon. bill: terrific work down there. greg palkot on the scene inside [inaudible] the courtroom and now with us. there are apparently ear it is a formal inquiry in witnesses to this. we say ear witnesses because terms of section 60 they heard some sort of subsection b of criminal shouting. it's quite possible they heard gunshots as well. procedure act. but we have not been told at >> [inaudible]. we have a document that is -- what point in the night the ear >> okay. witnesses say that they heard give me five minutes, some sort of commotion inside please. thank you. that mansion. court will adjourn. martha: there are also reports that they were a thousand meters away, and big questions as to whether or not they would have been able to hear or confirm bill: so clearly we can not anything in that house. see inside the courtroom. bill: even that distance changed we only have the microphone a. loft stuff, frankly we do not at the magistrate who is know. what we do know is it's captured gone for about an hour, 23, the attention of the world, and 24 minutes. now we know oscar pistorius will you can clearly see he is not phoning in this decision. spend the time at home at least he is taking his time. over the next several months he is going through a lot of before his trial gains begins. south african law as we try martha you mentioned therl yea to await whether or not pistorius goes home to await this earlier, this is really a trial or whether or not he goes back to his jail cell case of two people in a room by there in south africa. themes, and now the state has to martha: fascinating to prove that it was his intention listen to. when he fired through that sounds more like the entire

trial is being laid out. bathroom door, that he knew she we heard the pros and cons was on the other side, and he whether or not pistorius knew that possibly the decision would be considered a flight risk. we heard the judge talk he made to fire that gun could take her life. about whether or not he martha: it is stunning, because would duck and dive around he is the only person who knows the world. he laid out pistorius's what happened that night, and assets which are now the detectives, the newly considerable. he has a home in south africa. he has a home, according to assigned detectives will have to this in italy as well. he has numerous cars. try to piece together his 1.65 million in annual movements in that room. so much of it as the magistrate salary. i believe that would probably be in and i would said sounds implausible. go around the side of the bed, imagine. we can translate that to get a gun that was on the side she was sleeping on, go back u.s. dollars -- rand. around the bed, through the he has a lot of means at his bathroom with that gun having never noticed that she wasn't disposal. greg palkot, our reporter on actually asleep in the bed at this story is five feet away the time. from oscar pistorius right just so many holes and questions in this story. now. he also has been leting us why would you go into the bathroom and lock the bathroom know what the feeling is like inside the courtroom. door in the middle of the night in fact when that list of at your boyfriend's home? that also seems to make no sense assets was read greg palkot on the face of it. reported that pistorius as we've pointed out a lot of broke down in tears, his these facts and these scenarios head in his hands as he have been changing, in terms of really feels the entire weight of what might be what we're getting in. a lot more to come. coming his way as a result bill: back in june on that.

of all this. bill: martha, this is just in the meantime there is other crossing. news today and a lot of it. this is the associated press out of pretoria, americans hit hard by recent tax south africa. it is a one-line headline. hikes, president obama saying the wealthy should pay more. magistrate says, oscar we'll break down the numbers pistorius to be granted that they do pay and ask if the bail. that's what's coming now in president has a fair argument. from the associated press. greg palkot is inside the martha: a week now to go before courtroom. his reactions coming up in the automatic budget cuts kick moment. he described how he is in. next, both sides of the reacting now. megyn kelly is with me. argument, for and against more megyn, good morning to you. government spending in a very i don't know how much time you have spent studying up increasingly tough economy. on south african law but my hunch you're about to get a lot more familiar with this. if the magistrate says he gets bail and if that headline holds, pistorius goes home today, right? our apologies. okay. we'll get megyn back here in a moment. just going to the wire services here now, listen, it would be a wonderful thing if we had the video of odor causing bacteria feed because we could and helps dissolve stains. actually see what's happen that's why i recommend polident. [ male announcer ] cleaner, inside the courtroom. fresher, brighter every day. the magistrate said before

this bail hearing began though the video would not be allowed. that's the reason why we just bring you the microphone. megyn is back now. megyn, i just want to read this headline now if you missed this the associated press says the magistrate will grant bail to oscar pistorius. if that is the case he goes home today? >> i'm not surprised. it. two days ago, three days ago i would have been surprised. but this case is falling apart thanks to what appears to be some very shoddy detective work by a man who we now know and you guys reported yesterday, is facing seven counts of attempted murder himself. that's the guy who they have as the lead detective. at least they did 24 hours ago. now he has been replaced. you tell me how compromised this investigation is now that they have someone himself an attempted murder defendant as the lead investigator. someone who left behind a bullet casing in the toilet which is, at the crime scene. someone who let ammunition go walking from the crime scene with supporters of the defendant. somebody who testified under

oath that there is nothing at the crime scene that is inconsistent with oscar pistorius's version of events, which is not true. just sitting here as a armchair lawyer, half a world away i can think of five or six things that are totally inconsistent with his story. somebody who contaminated crime scene himself by not wearing protective booties et cetera, you are supposed to wear as an officer. all this came out on cross-examination at the bail hearing. what seemed to be at first an airtight case is quickly unraveling. were i the magistrate i would have serious doubts now too about the prosecution's ability to make premeditated murder. th standard. i don't know whether they can make anymore. i don't know whether they can make any murder case already now in a country where they have a 10% conviction rate in murder cases, bill. martha: megyn, it is martha. and i heard you say that last night, a 10% conviction rate in murder cases in south africa is a pretty stunning number. we can also add to the mix here that pistorius's family,

according to the wire reports cheered in court [ male announcer ] want to make a great car interior? after the athlete won his release on bail. stop looking at car interiors. get inspired by other stuff. we have a live shot up right now that shows what is going yep. yep. ok. on outside there. sure. why not? woah. you know, it's striking to touchscreens. put that in your dash. me, megyn, when you watch now, luxury stuff. make your seats like that. this and you listen to what's going on in that courtroom, you know, the that thing has wifi, why doesn't your car? parallels you feel to the you can't do that. ignore that guy. give it wifi. yes! o.j. case because this man make it fit 5 people. no, 5 actual sized people. is so famous, so beloved, so give them leg room, good. well-known in his nation, accused of killing this destroy boring car interiors forever. beautiful, blond girlfriend, and that's how you do it. easy. and it is clearly, you know, ♪ gripping that country in a way that, you know, you just, you wonder how, what impact that has on how this all bill: we are just about a week plays out in the end? away from massive automatic >> well, that's a good point spending cuts. some describe them as massive and the other problem that but the gloves are r-r off. they have, the prosecution presiden already off. has, in that country, apart from his notoriety is, that president obama says the only thing republicans, keeping them there is an epidemic there torgt the desire to shield the of violence by men against rich from more tax hikes and corporations as well. their female partners, an steven hayes, senior writer, and epidemic. the defense is going to get up there and argue about how the murder rate is high and fox news contributor.

the crime rate is high and here is president obama with al oscar pistorius knew this. this is why he was so scared sharpton yesterday. when he heard a noise in the middle of the night, he listen. >> my sense is that their basic jumped to the conclusion it was an intruder rather than the woman he was shing with view is that nothing is important enough to raise taxes the -- sleeping with in the restroom. south africa has horrendous, on wealthy individuals or horrendous rate of violence corporations, and they would against women and male prefer to see these al-qaida of partner against female cuts that could slow down our partner and they overlook it. there are initial reports he recovery over close handgun tax had at least a couple of loopholes. an closing tax loopholes. domestic incidents at his house. they don't say whether it bill: that is a four and a half involved reeva and other year argument we have leered details. from the president. she was abused woman in the is he winning on that point, past and advocate for abused steven? >> i would say it's actually a womb. less sophisticated version of that is pattern women that the argument that he's been abused tend to repeat. making for quite some time and that is circumstantial and not necessarily admissible. he's man making throughout the you tell me, is it 2012 election. imapplauseable a man so tearfied to suggest that the republicans only suggest about protect being an intruder would sleep with the rich and loopholes.

sliding glass doors open and he may be over playing his hand upon first hearing a noise here. most americans understand that wouldn't look in the bed a, the government is spending next to him to see if the too much and b, republicans woman supposed to be sharing believe in things other than the bed was there or in the just protecting corporate jet bathroom that he was going to shoot up. loopholes. bill: to the other side then, isn't possible that she rush limbaugh was on fire would not have screamed someone is in here. yesterday. he was not holding back about would she lock lock the door the threats he's heard in the to use the restroom in the past and how they did not play middle night. out. why was she wearing street this is part of what limbaugh's case is and i'll ask you about clothes. why in the middle of the that. >> what's happening here, folks, night dud she have on shorts is we are being paid for fools, and a vest instead after being suck erred, suck erred nightgown? bill: these are great questions and they will be into supporting the never ending answered sometime during the trial. expansion of government, greg palkot is getting lined up in south africa right now. megyn, go back to the first wholesale destruction of the point here. private economy. this is what defense and everybody who joins in this attorneys do. they don't go into defend their client. they turn their case against debate under the premise that the police and they put the police on trial. that is pretty much what we obama puts forth, as well as saw over the past 24 hours. >> that is absolutely right. debating the politics of this that is their job and that nonsense, is being used to cover is what they should do, up what is actually going on. there, south africa, like and what is going on is no great here the deck is normally spreur, it' conspiracy, it's no stacked against the defendant. just merely by the fact that

he has been charged, the trier fact, whether it is a judge like it will be here or a jury like in america, mystery, we are spending much more money than we have. usually, tends to believe bill: that is the argument they did something. republicans have. there is a reason they show to that point with limbaugh now others are saying, let's go ahead and let it take effect and up in a courtroom. see what happens. the deck is stacked against >> there is no question that i them. think rush is right about the system should work against expansion of government. the defendant's advantage the president ran on that. and police should dot all and this is what he's trying to the ts andis. do. i don't think that is any secret. what a mess this and he's also right in that this investigator boeth that did, amount of money in the overall context of what we are spending on federal government, he may have cost them a $3.6 trillion isn't that big. murder conviction. i don't know right now. i guess the one place i would bill: we don't know if he differ is in these defense cuts was specifically assigned to i. think the defense cuts can the case. if he assumed control of it, have a negative impact in part or perhaps he was just in a rotation of various because they come on top of detectives that are on that police staff. >> i don't know how he got $16 billion in defense cuts that came earlier in the obama appointed but what i do know according to the reports is administration, an additional his attempted murder charges, by the way there are seven first round of cuts at of them. he allegedly tried to shoot $41 billion, now you're talking up a bus full of civilians about another potentially because he was chasing a bad $49 billion on top of that from guy. he believed was on the bus. a defense budget overall that is that was brought on february

$600 billion or was supposed to 4th. reeva was killed on february be this year. i think they could have some 14th. when they assigned the effects. if you look around at the world detective to the case they i think what we've seen is knew, they knew this guy had pockets of instability that we seven counts of attempted saw in 2008 now turning into murder potentially against regions of instability here in him and no one batted an 2013. eyelash!. so that concerns me. bill: that could be the case bill: there is a third player in but that, that still does all this. i'm talking about the politics not prove guilt or innocence of this and how people perceive it. the house speaker john boehner for pistorius. >> absolutely not. has made it his mission to absolutely not. listen, i opine as a person remind people that this was president obama's idea to begin who practiced law for nine with. is he winning on that point or years, that without the not? >> i think he's made that shoddy detective work, this point. the question is whether people is a strong case against care now. i don't think people are paying oscar pistorius because his story makes no sense, no particular attention to this right now, and this back and sense whatsoever. forth, and who is to blame. and we'll see what the other i also think it's a little evidence is. there were initial reports convenient for republicans, both that an earwitness heard in the house and the senate to them arguing although, she just blame this on president obama and say that he's the one appears to have been very who wanted this. far away. there were initial reports she had been texting with republican -ts signes signed another man shortly before she was killed. onto it too. that is not confirmed. that was one of the reasons so we'll see as time goes on there was skepticism going back what the evidence is of an argument or what may have to 2011. this is something the ticked him off if anything. republicans and president obama but his story as he has told wanted and pushed. i think both sides are playing a

it is not plausible. little fast and loose with those nonetheless, not plausible facts about the origins of this. doesn't equate with guilty bill: eight days to go. beyond a reasonable doubt. it will be a fascinating week. martha: the magistrate said as much. apparently there an overture he said this story has a lot yesterday that the president of holes in it and he said reached out to john boehner and that could constitute a mitch mcconnell. don't know if anything came from reason why, why pistorius that. we'll be watching for more would want to flee, when the headlines. magistrate was laying down steven hayes in d.a. his argument for what would have persuaded him in that 19 past, martha. martha: we have some really direction. megyn, thank you so much. we'll see you later. spectacular pictures taken of the sky. i know you will be all over look at those. they may look like special this on "america live". effects from a hollywood treur we'll tune in. thank you very much. let's go to greg palkot who was less than five feet away thriller, nature is always from oscar pistorius when cooler than what hollywood can this all played out in the courtroom. cook up. bill: rand paul high school a greg, what can you tell us naval idea putting his money from in there? >> reporter: martha, bill, where his mouth is, doing his heart to cut our ballooning amazing stuff. again i was just a couple feet away from oscar budget deficit while starting in pistorius when the word came his own senate office. down that in fact he was wait until you here in a moment free on bail. what he is doing. eat good fats. he started to cry uncontrollably. behind him his family, yelped out a shout of cheer. avoid bad. they clearly saw this, at don't go over 2000... 1200 calories a day. least a small victory. carbs are bad. carbs are good.

the story keeps changing. the accused was then led off so i'm not listening... to anyone but myself. and then the family i know better nutrition when i seet: continued to cheer and to great grains. hug each other. great grains cereal stts whole and stays whole. see the seam? i left them as they were in an embrace, a circle more processed flakes look nothing like natural grains. embrace. i spoke to a few of the you can't argue th nutrition you can see. family and friends and they said they were happy. great grains. they were gratified. but this was a long haul. search great grains and see for yourself. to help support a healthy tabolism i'm sure you've been explaining to our viewers, try new great grains protein blend we were in that hot, sweaty in cinnamon hazelnut orhone. courtroom, and the judge, known to be methodical, certainly took his time, going through piece by piece through the evidence, through his arguments, through the case and finally coming to the conclusion that in fact bail should be granted to pistorius. that he did not represent a flight risk as called it. he did not represent a risk to other individuals. and it would not impede the case. but in fact it took a long time to get to that point. the judge made a lot of other points as well. the key issue about whether or not this shooting, this death, of steenkamp, of

reeva steenkamp, the former girlfriend of pistorius, that was still left open. in fact the judge saying that while he was less inclined to think that it was premeditated murder, in fact it was not his position to decide whether it was. he would keep it in what is called category 6 here in south after can law and it would be the job of a trial judge to decide whether in fact it was premeditated murder but he would proceed along those lines. he did pick apart the case of detective bottom that, that lead detective in the case. time and time again he said the evidence gathering was sloppy. he came around, if not detective, that is the state case, the case is still out there and, then point by point by point, he said he had troubles with the various aspects of the story being put out by the defense for pistorius, the actions

on the night of early morning hours of valentine's day which left the slain girl in, slain woman in that bathroom i was close to pistorius, a couple feet away. i kept glancing at him. he lost composure, again and again and again. his head was downcast and literally in his hands when the judge went through the events of that tragic night. when he recounted eyewitnesses and friends of pistorius talking about the relationship with steenkamp. he was crying. he was clearly worked up. there was an adjournment in the case, in the hearing for the judge to leave for a moment and that helped to compose, to some degree the accused. he came back out and heard this decision on the bail. that by the way, the mechanics of that is this. that should be happening in

the next couple of hours. it will be processed here. and we're awaiting for the details exactly when he will be set free but, from a short-range standpoint, family and friends telling morning. oscar pistorius has been granted me that they are gratified bail. by the decision on bail, on it happened about an hour ago. he is now headed home. the longer range standpoint, in a moment we expect the family that is the state of the to issue their first statement, case against pistorius, give their first reaction. still a lot of questions, a when that happens we'll deliver lot of doubts raised by this that to you. this is a national iconic sports methodical judge in this lengthy conclusion to this hero in south africa, born bail hearing. martha, bill? without fibulas in both his legs martha: it is so striking. as you say that judge laid beneath his knees. his parents made the decision at out in very clear terms why the age of 11 months to amputate he thought that the defense's story does not both e. was fitted for hold up. why it was implausible, improbable that the way the prosthetics for the past 20-plus defense is describing what happened that night could be years of his life and became a true. and then he went together track star and a huge attraction and pieced together the for international sports when he problems with the detective both that's investigations competed again others, normal and it felt that because track athletes in the london they could not establish a game in the past summer 2012. violent past for pistorius, we are awaiting that, that was a history of this kind of the family you saw inside the behavior, and because they can not prove that what courtroom. when they release their statement we'll have it for you

happened that night is as here on "america's newsroom." might appear, that prompted martha: sources are now telling this judge to say, that fox news that the obama gives me no reason not to administration has agreed to allow you to be out on bail. release controversial emails on greg, what about the question of what happens now? the benghazi terror attack. what kind of restrictions will be on oscar pistorius this is an important development as he waits for his trial? in this story and it comes after do they have a speedy trial a group of republican senators system in south africa? threaten to delay john brennan's or is this something that nomination as cia chief if they will drag on indefinitely before we see him back in did not receive the answers they court? were looking for from the white house about who changed the >> reporter: martha, from talking points in the days after legal experts i have been that deadly assault, a big issue speaking to, this will drag on. they don't see an actual for john brennan. trial in this matter, let's bring in chris wallace, although it seems like there the anchor of "fox news has been a trial for the sunday." last couple days, at least good morning, chris, good to for many, many months, not have you with us. >> reporter: good to be there. maybe until the end of this martha: what is your take on year. and that was probably one of that? the big arguments for >> reporter: look, the republicans used the hagel allowing pistorius to be nomination as leverage and they granted bail. basically said we're going to hold this up until we get this the prisons in south africa information. the white house did not want to are rough. release it, they had refused to conditions in these cells release it, they said that these are tough. crime is high here. emails within the administration and i think that weighed on were part of the deliberative the judge's mind heavily, process, but they knew that the that pistorius in one of

hagel nomination might not get through without it and so they these south african prisons are going to release the for six, seven, eight months, information to try to satisfy the senators. waiting for the trial to now of course the interesting start, that could raise more question is what is in the problems. yes he will be under tight emails, why is it that this was supervision, title restrictions. from early on in the week after we know where he will be. 9/11 when it was seen first as a he will be at a family home. there will be tabs on his terror attack and then suddenly movements. going into this hearing, it wasn't a terror attack and martha, i was basically told al-qaida was part of it, then it looked like the judge suddenly al-qaida was not part would grant the bail. of it, by the time susan rice once again for our viewers, came on "fox news sunday" that i think the judge sunday, five days later, it was underscored this too, this does not in any way really a spontaneous demonstration in make a decision, make a reaction to the ante islam video judgment on the case. that in fact again the judge that spun out of control. and the question is how do we time and time again thought that there were all sorts of get from this pint to that point? problems with the version of martha: that is really back to events that pistorius's the seed of whatever wants a lawyers laid out. good grip on here. again, six, seven, eight, petraeus as head of the cia at nine times, the judge said he had problems with that. the time said they knew it was a but at the same time, yes, terrorist attack, they felt that within the first 24 hours. he was pretty fair and we reported that as well that pretty balanced on this matter. at the same time he took they had decided within the apart time and time again first 24 hours that was indeed what it was. the initial work by the by the time it translated to state. i think basically now he is sunday on your show we had a

saying, martha, that very different take on it, it south africa has to get down was all about a video, and a to business and really put protest that erupted in the some top investigators on street and got out of hand. this and create a case. do you think that we are going what i've been told by legal to get to the answer here when experts the forensic we look at these emails? evidence is not in. the autopsy evidence, the ba >> reporter: i'm not sure. list i can it is, all of that's the question, is there a this is still to come. smoking gun? and the real question of course all of this potentially, is the allegation of political potentially damaging. manipulation. martha. martha: yeah, so many was this taken out, the talk details. you think about the angle of about it being a terror attack the bullets and the way they went into that door and because the president was right whether or not that in the middle of a campaign determines if he had his against mitt romney, and one of prosthetic legs on at the his talking points was the fact time or not, and whether that goes to the issue of that under his watch that the u.s. government had decimated premeditation perhaps and what was going on. we heard, megyn talking al-qaida, and had them on the about how she was dressed in run, and obviously if al-qaida street clothes when she was in there. which doesn't back up the was in some way, shape or form story of a couple asleep in behind an attack that killed bed and hearing somebody, four americans, including the something go bump in the first american ambassador to be night in another room and killed since 1979, then causing them to fear. one more question, that i have for you, greg, is just obviously that would go against that. in terms of the trial when are we going to see any evidence it does happen, it will be that there was some political to a trial judge but just so manipulation here? is it similar me going to be everyone understands here at home, there won't be a jury kind of bureaucrat particular talk, gee we don't want to in this case to convince. mention al-qaida, as some administration people have said, because we don't want to tip

them off that we have had some >> reporter: that's a fascinating point you're intercepts of conversations. raising, martha. you're absolutely right. we don't want them to know that there is no tradition, no we penetrated them, that's what system of jury trial in this we're going to have to wait and country. it is one judge, one judge see. having said also this, there is alone, perhaps with some a lot of other stuff that this assistance, but he's the one isn't going to tell us. for insurance fans it's not deciding things. going to tell us what the and so it will be all up to president's actions were on the night. one person and that person we still don't know what went on has one inclination or in those seven hours when he wasn't calling the pentagon, another inclination, who knows, that could weigh in when he wasn't following up with on a trial as well. the secretary of defense, and the secretary of state, when he but you're right, it is not a jury trial. wasn't calling the top officials it is the state presenting a in libya to demand cooperation case, defense presenting a case. i have to tell you from to try to protect our people sitting in that courtroom there. for a couple of days that there is a lot of information defense team is top-notch. there that we still don't know and that isn't going to come out and as they can pick any holes in the state's case, in this release of these documents. they will look to that, but, martha: the decision to release them, you know, what does it say an interesting point, martha, which was raised to me, that about whether or not they are the fact that the lead confident that they can release them and that john brennan will detective was bounced from the case, the fact that the be confirmed? what is the feeling in washington about how likely a detective botha was disparaged by the defense brennan confirmation is at this team, that might come back point? to haunt the defense team, i >> reporter: at this point there is growing likelihood. am told, by one insider. they might have now a key republican senator, south africa's law richard shelby of alabama

enforcement agencies completely focused on this. announced yesterday that he's going to vote for it. of course the question isn't the the chance that they will make as many mistakes as we saw in the past couple days perhaps lessen, martha. 51 points the democrats have martha: got a couple things enough votes. crossing here. one is that he has been the key is to end the ordered to avoid his home. filibuster. they had 59 votes. it avoid the witnesses in it does appear with shelby and this case. some others who satisfactory to surrender his passports. said all we wanted is to get more information, it does appear the conversion on the bail that they will be able to break comes out to about $28,000, the filibuster if the republican which seems rather low -ts don't jus republicans don't considering what he has been just shut it down on their own accused of here and the means that he has. and with a simple majority vote so, is this is an that they'll be able to confirm extraordinary morning in hagel. it does look like he'll be able this whole case. to get through. greg, thank you very much. martha: everybody will want to i know we're going to want see what is in the emails nonetheless and it should be to come back to you. stand by. thanks, greg. very interesting. chris, thank you very much. bill: sure will. ordered to avoid his home, >> reporter: let me just say one other thing. and witnesses. you've got to figure, we'll have to wait and see, you've got to surrender his passport. mentioned $28,000 bail. figure if there was some ordered to report to a local terribly damaging smoking gun they won't release the police station twice a week. documents. martha: that would be logical. issue for one judge, it was we'll see. chris, thank you very much. frankly hard to hear what we'll be watching you on sunday point overhearing past hour where chris' guests will be and 25 minutes, yes, bail

was granted. senators claire ma cast kel and it was not that clear. the headlines moved across tom coburn and they will be the wire services around the world. talking about the massive cuts earlier the magistrate said this. that are ticking away getting the issue before me is this every closer. individual going to seek and duck and dive all over the world? our own judge andrew napolitano with me now. judge, good morning to you. your reaction, surprised or bill: we have to wait and see what happens. martha: we'll see. not? >> good morning to, you bill bill: march 1st. we are watching these and martha. no, i'm not surprised. developments now from a south african courtroom. even though as greg palkot just pointed out it seems olympic star oscar pistorius is like we've been watching a granted bail. trial, a murder trial for he will go home momentarily, not the past three or four days, to the same home where he was living. reeva steenkamp's roommate says and in fact this is not a trial. it is just, it has not been justice will be served, that comment a moment ago. his family expected to make its a trial. first statement. it is just a determination we will have that for you and whether or not the defendant talk to a reporter who has been is entitled to bail and if inside of that courtroom since so under what conditions. day one. so the state is likely to come up with a lot more evidence and present it out >> there was also a bullet hole of the mouths of a lot more through the white pants. credible witnesses. he added that .38 rounds of and the defense will come up with a version of events consistent with the evidence as they see it. but in strictly construing ammunition were found and that

the applicant has no license for the following question, is oscar pistorius a flight a .38 special revolver. risk, the answer clearly is no. are there terms that would assure his return to the courtroom when we require his presence? the answer is clearly yes. so i don't think this is a surprise. i will tell you this, we don't have bail hearings in this country that go on for three or four days. even though i'm not happy there is no jury system, at a dry cleaner, we replaced people with a machine. what? customers didn't like it. so why do banks do it? hello? hello?! if your bank doesn't let you talk to a real person 24/7, you need an ally. hello?

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martha: we've got to get caught up on what is going on with the weather. it is pretty serious stuff for at least 20 states right now. freezing rain and hail, driving is very dangerous out there. it has crippled the morning commute. two deadly car accidents have already been blamed on this weather system and that leaves folks looking out their doors thinking twice about whether or not they should leave the house at all.

>> took a little peak out of my window at about 2:00 this morning. i knew we were in it and i was ready. >> this morning was a little rough. the drifts were not too thick, maybe 8 inches off the ground and nobody has gone outside yet to shovel, so a little tricky but just wear your boots. martha: team fox coverage for you. janice dean is live in the fox news extreme weather center where it's nice and toasty warm. we go first to mike tobin who is out there in ohm a ma omaha, nebraska where it's not. how is it look. >> reporter: because the schools are closed and the business shut down we see life trickling back to normal as the people are digging out here martha, you see a little bit of traffic behind me. the interstates so warm and clear that they are actually well. you can see an example of that when the sun comes out, melts the snow the roads get wet. here is the ricketts, as yo risk. you can see where the bridges

stay frozen, the ramps stay frozen. you can have drivers pick up a lot of speed on the wet, clear road, hit the icy patch and get into trouble. at the end of the day the road crews pulled out all of the stops because no one was surprised by this storm. they maximized their staff, the storm wasn't as bad as predicted, at least not here in nebraska. they stayed on top of it. as the storm moves east you see the scenes repeated, the driving snow, airports with the flights canceled and that's what you have to look forward to out east. martha: all right, we are getting ready. thank you very much, mike, mike tobin. let's go over to january is where there is more weather th janice dean where there is more weather to talk about down south. concerns down south, right jd? >> reporter: yes the storm is moving eastward. we have another storm system that will move across the country this weekend and perhaps hit kansas and nebraska again early next week. look at these storm totals. 18 inches in nashville, kansas. so, yes, in some cases the

forecasters were right on with their predictions. let's take a look eight. we have the upper midwest getting snow right now, winter weather advisories for you across the ohio river valley. also want to point out winter weather advisories for new england. another storm system will creep up the coast this weekend. heavy rain as the cold front continues to press eastward, 2 to 3 inches out of this. they need the rain but unfortunately it will cause flooding concerns. looking at our latest round of models that's go into frida saturday and sunday we have a coastal event that could bring a foot of snow north and west of boston. we need to watch this obviously because these areas got smacked with 2 to 3 feet of snow two weeks ago. winter is not over yet. martha: they are happy in srer ran vermont about that snow. >> reporter: that is true. martha: we'll keep an eye on it. bill: we are watching the "blade runner" reaction, his family speaking out after the bombshell headline hit about an hour ago. oscar pistorius is going home, the judge has granted him bail.

here is his uncle inside that courtroom. have lace even here. >> yes, we are relieved, the fact that oscar got bail today. but at the same time we are in mourning for the death of reeva, with her family. and we are also grateful for the judge, or the magistrate to come to the conclusion and for our legal team that has delivered extremely professional and legal statements that led to the decision to give him bail today. as a family we know oscar's

version of what happened at that tragic night, and we know that that is the truth, and that will prevail in the coming court cases. again, thank you very much for your time and all your patience. we as a family really appreciate that. bill: what is interesting, the last thing he said there about justice will prevail. the room nature nor reeva steenkamp now dead said something similar to reporters moments ago saying that i'm sad but justice will pre vial. we have a digital news reporter in south africa, she has been inside the courtroom since the very beginning. how did he react, first of all, when he was granted bail? and is he out of jail? is he headed home now, or do you know his whereabouts? >> i can't actually remember how he reacted exactly, i know from the court we heard one of the

south african celebrities screamed and punched and screamed yes. then we saw him being whisked away very quickly back into the holding cell and the family together, hugging, crying, praying a lot, a lot of praying again. when he came back again he looked a lot calmer. we didn't see him smile or very happy, you see him a lot calmer, not crying as much as he did while the magistrate was giving out his judgment. he kept a lot inside, held it. took heavy. bret: . we saw him feeling very sad during this time. but once his bail was granted he was a lot calmer. i don't exactly know but i can tell you that the helicopters have gone. we do know that he said he will leave half an hour after he was granted bail, he'd leave there the magistrate's court which is the pretoria magistrate's court behind me. they said a back entrance if i

remember right for oscar pistorius. i do think he's left. yet.'t know where exactly he's bill: for reeva steenkamp who was representing her in court today, and how did they react? >> i do know that one of the friends of reeva's or classmates was present. think in between all the great amount of oscar's support i didn't get to see any reaction from them. i tonight know exactly how they reacted. they didn't quite want to speak to the media as well. hopefully we can get something later on from the family telling us how they feel about the bail being granted. bill: you've been in court every day. were you surprised that the judge ruled this way? or our expecting this? >> could you repeat that i didn't quite hear you. bill: fully understood. were you surprised the judge ruled this way or did you expect that based on what you've heard in court throughout the past

week? >> i think we expected it to a certain extent, because the state did not prove that he was a flight risk which was one of the main reasons for opposing bail. they also couldn't prove that there will be public outrage if oscar was granted bail. i was very surprised, and i think that there is a very big misconception going around, h-pl getting bail is he's guilty or innocent. i don't think that is the case. giving him bail is just decides where he'll be before and during the trial. bill: thanks for being patient with us. working on that signal. we appreciate your time. a reporter working that story in pretoria since day one inside the courtroom earlier today. which had some drama. martha: indeed it did. back here there continues to be some economic drama in the country. new signs that the expired payroll tax cuts have had a serious impact on average americans. but does that mean that the

wealthy should pay more in taxes, as the president has suggested? we'll talk about that. bill: jaw-dropping images from our sky. check out this dazzling display. more pictures, and where it's happening next. [ male announcer ] any technology not moving forward is moving backward. [ engine turns over, tires squeal ] and you'll find advanced safety technology like an available heads-up display on the 2013 lexus gs. there's no going back. progress-oh! [ female announcer ] with 40 delicious progresso soups at 100 calories or less, there are plenty of reasons people are saying "progress-oh!" share your progress-oh! story on facebook.

bill: now for the northern lights. these pictures show aurora activity over a national park in sweden. the strong greenish tint is said to indicate objection skrepb in the loweoxygen in the lower atmosphere. i did not know that. did you. martha: of course i did. bill: the pictures were shot over 13 different nights. martha: i have seen the northern lights and they are beautiful. bill: there is a great band called the northern lights. martha: something like that, thank you, bill. there are new signs that the expired payroll tax cut is having a serious impact on average americans, because everybody noticed after january 1 that a little bit of money was missing from their paycheck. all right. so this as president obama

continues to push as we heard again yesterday, for the wealthy to pay more out of their taxes. let's look at exactly how much the so-called rich already pay into the federal income tax kitty. the top one percent which you hear a lot about, that means those earning more than 369,000 tkhr-rd$369,000 a year they pay nearly 38% of the total tax load in the whole country. with that as a backdrop and knowing that everybody is paying more under this scenario. we have the former director of the cbo and president of action forum is with me now. doug, good to have you here. >> thank you. martha: a story by the "wall street journal" which very interestingly laid out what everybody started to sense after the first of the year. across the board people were saying, wait a minute, i didn't think my taxes were going up, i thought it was rich people's taxes that are going up. i have less in my paycheck. you're hearing burger king, walmart, all of these basic companies across the country are saying, look, business is bad

and people are using less and less of their disposable income at our outlets. >> this was characterized as a tax increase on the very wealthy. the vast majority of americans saw their taxes go up. if you recall back in 2010 the president selfmade the case that in a weak economy we shouldn't raise taxes on anyone. in 2010 we were growing more rapidly than we are now. there is a real risk associated with the sharp tax increases that we saw at the turn of the year. martha: you wonder how the president squares that, because he clearly said that back then. now he has taken the opposite approach, because taxes have gone up on everybody across the board who has income, okay. and we see what's happening. when you read some of the details here, you know, burger king says the whopper junior is down to 1.29. walmart is forced to put out smaller packages that people can buy for less money. you talk about a new normal, dog doug, is that what we're talking about, is that where we

are? >> i think the new normal is an important component of this. this we saw top line gdp growth at 3, 3.5% you'd be able to get rid of a tax holiday, you do want to fund social security. it doesn't make sense there a hiring point of view, our supposed to stimulate hiring, it just didn't. we could weather the shocks easily. the fact that we are growing more slowly is every little thing could tip us into zero or negative point. we need a better set of policies to grow more rapidly on a regular pays sis so that when bad things happen -rpbgs as they always do we can sustain them. martha: let's take a look at some of the numbers here and pull up this full screen, because basically if you make about $65,000 a year you are losing $1,300 more of your income, that is a lot of money, $1,300, that is the kind of thing that makes people, as evidenced in this article, not go to chipotle, but go to burger

king, and that hurts every company along that chain. >> it's a real impact on consumer spending and that is two-thirds of the economy. you could survive that if the other parts of spending held up, but we are not exporting that much and the administration has not season a big interest in a trade agenda. business investments not as strong as it need to be. we need a better business spending environment. we have weakness across the board which highlights these big impacts on the average household. martha: the president's solution seems to be that he wants to go back for more tax increases on the wealthy. what impact do you think that is going to have? >> this is not going to solve the problem. the fundamental problem is that we have an enormous amount of debt, which is a burden on growth. we need deep entitlement reforms to put us on a sustainable practice skwrebgt re, th sustainable trajectory. he has taken those off the table. erskine bowles and alan simpson said we need tax reforms an hasn't pushed that. the recipe he's got is not going

to solve the problems that ails our economy. martha: even steny hoyer talking about entitlement reforms. maybe the groundswell comes from outside the white house. we'll see. thank you so much. always good to have you. bill: there is at least one senator who is serious about the budget deficit, republican hand paul of kentucky, true to his word by doing his part. we'll tell you what he did. it will probably surprise a lot of folks everywhere, not just washington. flavor. [ anouncer ] ihop's new griddle melts... made fresh and hot! hand crafted just for you. it's like a sexy sandwich. [ anouncer ] compare new griddle melts yourself. just $4. it's like a sexy sandwich. it's an epic breakfast sandwich.

martha: kentucky senator rand paul putting ace money if is mouth hawk. he is returning 600,000 tkhrafrz his $3.5 million office budget to the u.s. trerb raoefplt he says it'treasury. he says it's not enough but it's the only budget he controls. he scrutinizes spending on

travel, paper and ink cartridges, using their part to use the skap pell in the office to cut expenses. senator rand paul made a similar move last year when he returned $500,000. that is a trend. bill: a manhunt now covering three states. gunshots and a fiery crash that left three people dead in the heart of the vegas strip. we watched this play out yesterday on our air. police are looking for a distinctive black range rover with large black rims, tinted windows, they said fled the scene. rod wheeler, fox news contributor, former new york homicide detective. good morning to you. a couple of things key to finding the range rover there was an altercation of some kind at a hotel. is that where you start? if that's the case there were eyewitnesses at some point to that, right? >> that's right there will be a number of eyewitnesses. it started in the valley area according to the reports, bill, this altercation did. the question that the police investigators are trying to figure out right now is what was the relationship between the kwreu individual that was

driving the mat rat thee and the individuals in the black range rover. these are the folks who had the altercation. they will get video, camera footage from the hotel, video calm rajai footage from just about every building in that area on the strip. i think there will be a lot of evidence that they will be able to get that will help them find out who these individuals are, bill. bill: the driver of the maserati is dead, but there was a passenger who survived. there is a great eyewitness for you there, right? >> exactly. they are talking to that person now. trust me when i tell you, what is really ironic, bill is where the shooting occurred is exactly one blockade way from where two pack satisfactor tupac sakur was killed. i just learned that the person killed in the maserati was a rapper. bill: age 27. >> he was doing pretty good but he was also known as a pimp on the strip. i think there will be a lot more information that we'll learn as

the investigation progresses. bill: the cameras up and down the vegas strip could lead to extent clues. thank you. martha: a massive winter storm battles across the great plains. more on that coming up.

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